Compromise between parties in a matrimonial dispute can lead to quashing non-compoundable offenses if it serves the ends of justice; the court can modify charges based on evidence showing that original charges are inappropriate.

JUDGMENT :

MADAN PAL SINGH, J.

1. Heard Mr. M.C. Singh, learned counsel for the appellant and Mr. Raj Bahadur Verma, learned A.G.A. for the State.

2. The instant criminal appeal is directed against the judgment and order dated 8^th December, 1987 passed by the Special Judge (E.C. Act) in Sessions Trial No. 376 of 1984 (State Vs. Pramod Kumar & 2 Others) under Sections 307 and 307/34 I.P.C., Police Station-Zarifnagar, District- Budaun, whereby the accused-appellant nos. 1 and 3 have been convicted for the offence punishable under Section 307 I.P.C. and accused-appellant no.2 Ram Patti has been convicted for the offence punishable under Section 307/34 I.P.C. and they had been sentenced as follows:

“1. Accused-appellant no.1 was sentenced to undergo rigorous imprisonment for a term of 5 years and fine of Rs. 5,000/- and in default thereof, he had to further undergo 1 year rigorous imprisonment;

2. Accused-appellant no.3 Smt. Vidyawati was sentenced to undergo 3 years rigorous imprisonment and a fine of Rs. 2,000/- and in default thereof, she had to further undergo six month rigorous imprisonment;

3. Accused-appellant no.2 Ram Patti was sentenced to 2 years rigorous imprisonment and fine of Rs. 1,000/- and in default thereof, he had to further undergo 3 months rigorous imprisonment.”

3. Brief facts, giving rise to the questions involved in this case, are that the parents of the complainant Kiran and the accused persons, namely Pramod Kumar, Ram Patti and Smt. Vidyawati are the resident of village Auntar, Police Station Zarifnagar District Budaun. Accused-appellant no.1 Pramod Kumar is son of accused-appellant nos. 2 and 3, namely, Ram Patti and Smt. Vidyawati. In the complaint, it was alleged that the marriage of complainant Kiran was solemnized with accused-appellant no.1 before a year of the said complaint. In the marriage, father of the complainant gave sufficient dowry, according to his means and status. The accused-appellant being greedy did not satisfy with the dowry so given by her parents. All of them started teasing the young bride for bringing inadequate dowry and she was subjected to day today teasing and ill-treatment from her husband and in-laws. She was also subjected to beating by the accused-appellant time and again for additional demand of dowry. On the fateful night of 5^th June, 1983, the accused- appellant no.1 Pramod Kumar, as usual started beating the complainant Smt. Kiran. His parents also joined him after some time. All of them caught hold of and placed her hands beneath legs of cot and was given merciless beating by fists and legs. They also shouted while beating the complainant Smt. Kiran for bringing a motor-cycle and Rs. 5000/- from her parents, otherwise she would be finished one day or other. On showing her inability to fulfil the said additional demand of dowry, the accused-appellant Pramod Kumar became so furious and exhorted his parents to teach her a lesson. On the said exhortation, accused- appellant no.3 Smt. Vidyawati brought kerosene oil and poured the same on her and then, the accused-appellant Pramod Kumar set her on fire on which the complainant Kiran started shouting for her help. Hearing the said voice, witnesses, namely, Lakhan, Mahendra Pal, Girdhari and Several persons of the village came to the house of the accused-appellants. On reaching there, they saw the terror which was writ large on the face of the complainant Kiran. Seeing them compl